Rechnitz v. Kutner et al
| Shlomo Yehuda Rechnitz |
| Jonathan Kutner, Greystone Funding Corp. and Ephraim Kutner |
| Clarity Capital Partners LLC and Harborview Capital Partners, LLC |
| 1:2020cv01607 |
| March 30, 2020 |
| US District Court for the Eastern District of New York |
| Kiyo A Matsumoto |
| Vera M Scanlon |
| Other Statutes: Arbitration |
| 09 U.S.C. § 1 U.S. Arbitration Act |
| None |
Docket Report
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| Filing 52 MANDATE of USCA as to #49 Notice of Appeal, filed by Jonathan Kutner, Ephraim Kutner. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered". Issued as Mandate: 6/29/2021. USCA# 20-1978. (Jones, Vasean) |
| Filing 51 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 06/03/2020, before Judge Matsumoto. Court Reporter/Transcriber Anthony Mancuso, Telephone number 718-613-2419. Email address: anthonymancuso65@msn.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 9/8/2020. Redacted Transcript Deadline set for 9/18/2020. Release of Transcript Restriction set for 11/16/2020. (Mancuso, Anthony) |
| Filing 50 Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. (Landow, Concetta) |
| USCA Appeal Fees received $ 505 receipt number ANYEDC-12965447 re #49 Notice of Appeal, filed by Jonathan Kutner, Ephraim Kutner (Marziliano, August) |
| Filing 49 NOTICE OF APPEAL as to #48 Clerk's Judgment,,, by Ephraim Kutner, Jonathan Kutner. Filing fee $ 505. Tracking Id: ANYEDC- (Attachments: #1 Exhibit A, #2 Exhibit B) (Marziliano, August) Modified on 6/23/2020 (Marziliano, August). Modified on 7/8/2020 (Marziliano, August). |
| Electronic Index to Record on Appeal sent to US Court of Appeals. #49 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Marziliano, August) |
| Filing 48 CLERK'S JUDGMENT that Petitioners motion to confirm the arbitration award and the order of attachment in aid of arbitration is granted; that the Kutner defendants motion to vacate the underlying arbitration award is denied; that Greystones motion for interpleader deposit is granted in part; that Greystone is dismissed from this action, except to the extent the court may be called upon to enforce the payment of the Greystone Lawsuit settlement to Petitioner; that Greystone is also awarded $13,063.54 in attorneys fees and costs, which it may deduct from the Greystone Lawsuit settlement funds; that Greystone is ordered to pay the funds directly to Petitioner in accordance with the arbitration award; and that judgment is hereby entered in favor of Petitioner. Signed by Douglas C. Palmer, Clerk of Court by Jalitza Poveda, Deputy Clerk on 6/15/2020. (Herrera, Isaiah) |
Filing 47
ORDER. For the reasons contained in the attached Memorandum and Order, as well as those stated on the record at the hearing held on June 3, 2020, the court GRANTS #16 Petitioner's motion to confirm the order of attachment in aid of arbitration, DENIES #36 the Kutner defendants' motion to vacate the underlying arbitration award, and GRANTS IN PART #25 Greystone's motion for interpleader deposit.Greystone is dismissed from this action, except to the extent the court may be called upon to enforce the payment of the Greystone Lawsuit settlement to Petitioner. Petitioner and the Kutner defendants have agreed that they may not commence any new proceedings against Greystone for payment of the Greystone Lawsuit settlement to Petitioner, except to enforce the same. The parties shall hold Greystone harmless with respect to the funds from the Greystone Lawsuit settlement. Greystone is also awarded $13,063.54 in attorneys' fees and costs, which it may deduct from the Greystone Lawsuit settlement funds. Because the court hereby confirms the arbitration award concerning the Greystone Lawsuit, it is no longer necessary for Greystone to deposit the funds with the Registry of the Court. Instead, Greystone is ordered to pay the funds directly to Petitioner in accordance with the arbitration award, as set forth in the attached Memorandum and Order.Because the arbitration before Rabbi Cohen remains ongoing, the parties are encouraged to submit any future disputes to him for resolution. This court, however, will retain jurisdiction over enforcement of this Order.The Clerk of Court is respectfully directed to terminate Greystone Funding Corp. as a defendant, to enter judgment in favor of Petitioner, and close this case. Ordered by Judge Kiyo A. Matsumoto on 6/8/2020. (Mayer, Michael)
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| Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: On June 3, 2020, the parties appeared before the court by video conference to discuss the parties' pending motions. Appearance for Petitioner: Efrem Tobias Schwalb, Esq. Appearance for Ephraim and Jonathan Kutner: Matthew Didora, Esq. Appearance for Greystone Funding Corp.: Jay R. Speyer, Esq. The parties presented their arguments regarding #16 Petitioner's Motion to Confirm an Order of Attachment in Aid of Arbitration, #25 Greystone Funding's Motion for Interpleader Deposit and Attorneys' Fees, and #36 the Kutner defendants' Cross-Motion to Vacate an Arbitration Award. The Court accepted the evidence submitted by the parties as exhibits with their various submissions. Counsel for Petitioner and counsel for the Kutner defendants confirmed that they did not have additional evidence to submit to the Court. The Court shall issue a written decision adjudicating the parties' pending motions. Video Conference held on 6/3/2020. (Court Reporter Anthony Mancuso.) (Mayer, Michael) |
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SCHEDULING ORDER: The hearing scheduled for this Wednesday, June 3, 2020 at 10:00 a.m. shall proceed before Judge Matsumoto by video conference. Counsel for all parties will receive a link via email to access the video conference in advance of the hearing. Counsel shall inform chambers and all other parties, by 3:00 p.m. tomorrow, June 2, 2020, of any non-counsel parties who will address the court during the hearing. Ordered by Judge Kiyo A. Matsumoto on 6/1/2020. (Mayer, Michael)
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| Filing 46 EXHIBIT Weldler Decl. Ex. H by Shlomo Yehuda Rechnitz. Related document: #41 Response in Opposition to Motion, filed by Shlomo Yehuda Rechnitz. (Attachments: #1 Exhibit Weldler Decl. Ex. I, #2 Exhibit Weldler Decl. Ex. J, #3 Exhibit Weldler Decl. Ex. K, #4 Exhibit Weldler Decl. Ex. L, #5 Exhibit Weldler Decl. Ex. M, #6 Exhibit Weldler Decl. Ex. N, #7 Exhibit Weldler Decl. Ex. O, #8 Exhibit Weldler Decl. Ex. P, #9 Exhibit Weldler Decl. Ex. Q, #10 Exhibit Weldler Decl. Ex. R) (Schwalb, Efrem) |
| Filing 45 EXHIBIT Weldler Decl. Ex. B by Shlomo Yehuda Rechnitz. Related document: #41 Response in Opposition to Motion, filed by Shlomo Yehuda Rechnitz. (Attachments: #1 Exhibit Weldler Decl. Ex. C, #2 Exhibit Weldler Decl. Ex. D, #3 Exhibit Weldler Decl. Ex. E, #4 Exhibit Weldler Decl. Ex. F, #5 Exhibit Weldler Decl. Ex. G) (Schwalb, Efrem) |
| Filing 44 EXHIBIT Weldler Decl. Ex. A by Shlomo Yehuda Rechnitz. Related document: #41 Response in Opposition to Motion, filed by Shlomo Yehuda Rechnitz. (Schwalb, Efrem) |
| Filing 43 EXHIBIT Weldler Declaration by Shlomo Yehuda Rechnitz. (Schwalb, Efrem) |
| Filing 42 EXHIBIT by Shlomo Yehuda Rechnitz. Related document: #41 Response in Opposition to Motion, filed by Shlomo Yehuda Rechnitz. (Attachments: #1 Affidavit Lipnitsky Declaration) (Schwalb, Efrem) |
| Filing 41 RESPONSE in Opposition re #16 MOTION for Permanent Injunction to Confirm Order of Attachment in Aid of Arbitration filed by Shlomo Yehuda Rechnitz. (Attachments: #1 Affidavit Schwalb Declaration, #2 Exhibit Schwalb Decl. Ex. 1) (Schwalb, Efrem) |
| Filing 40 MEMORANDUM in Support re #25 MOTION for Interpleader Deposit (28 U.S.C. Section 1335) filed by Greystone Funding Corp.. (Speyer, Jay) |
| Filing 39 REPLY in Support re #25 MOTION for Interpleader Deposit (28 U.S.C. Section 1335) filed by Greystone Funding Corp.. (Attachments: #1 Exhibit Speyer Reply Dec. Ex. A - Rechnitz letter to Greystone - 3.16.2020, #2 Exhibit Speyer Reply Dec. Ex. B - Time entries, #3 Exhibit Speyer Reply Dec. Ex. C - Legal database charges, #4 Exhibit Speyer Reply Dec. Ex. D - Speyer email to Schwalb - 05.06.2020) (Speyer, Jay) |
| Filing 38 Letter to advise the Court that defendants have consented to Petitioner's request to adjourn the hearing by Shlomo Yehuda Rechnitz (Schwalb, Efrem) |
| Filing 37 MOTION to Adjourn Conference Hearing for one week in order to allow Petitioner an opportunity to file opposition papers to cross-motion by Shlomo Yehuda Rechnitz. (Schwalb, Efrem) |
| Filing 36 RESPONSE in Opposition re #16 MOTION for Permanent Injunction to Confirm Order of Attachment in Aid of Arbitration issued by Rabbi Dovid Cohen filed by Ephraim Kutner, Jonathan Kutner. (Attachments: #1 Declaration 03-20-20 - Ephraim Kutner, #2 Exhibit Exh A - 12-24-14 Joint Venture Agreement, #3 Exhibit Exh B - 02-25-18 Rechnitz email, #4 Exhibit Exh C - Weldler Ltr to Rabbi Cohen, #5 Exhibit Exh D - 10-04-18 Weldler email to Cohen, #6 Exhibit Exh E - 10-26-18 Weldler email to Cohen, #7 Exhibit Exh F - Weldler's Proposed Arbitration Award, #8 Exhibit Exh G-1 - 10-29-18 Weldler's email to Cohen, #9 Exhibit Exh G-2 - Weldler's Proposed Arbitration Award, #10 Exhibit Exh H - 10-30-18 B'Kavod Ha Torah Ltr, #11 Exhibit Exh I - 11-01-18 Weldler's email to Cohen, #12 Exhibit Exh J - 11-05-18 Executed Arbitration Award, #13 Exhibit Exh K - Confidential Settlement Communication, #14 Exhibit Exh L-1 - 02-17-20 Weldler's email to Cohen, #15 Exhibit Exh L-2 - Din Torah - Asks, #16 Exhibit Exh M - Weldler's Documents Creation Proof, #17 Exhibit Exh N - 02-20-20 Cohen's Ltr Directing Appearance, #18 Exhibit Exh O - 03-09-20 Weldler's email to Cohen, #19 Exhibit Exh P - 03-20-20 Weldler's Proposed Arbitration Award, #20 Exhibit Exh Q - USPS Tracking (of del 11-08-18), #21 Exhibit Exh R - 03-01-20 Kutner email to Rechnitz, #22 Exhibit Exh S - 03-03-20 Kutner email to Rechnitz, #23 Exhibit Exh T - 03-03-20 Weldler email to Kutner, #24 Memorandum in Opposition Memorandum of Law) (Didora, Matthew) |
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ORDER granting #37 Motion to Adjourn Conference. Petitioner shall respond to #36 the Kutner defendants' motion to vacate the arbitration award by Friday, May 29, 2020. The telephonic Show Cause hearing scheduled for May 26, 2020 is re-scheduled to Wednesday, June 3, 2020 at 10:00 a.m. The parties shall dial into a conference call with the court by dialing 888-684-8852 and entering the following access code: 1312089. Ordered by Judge Kiyo A. Matsumoto on 5/22/2020. (Mayer, Michael)
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| Filing 35 AFFIDAVIT/DECLARATION in Support re #25 MOTION for Interpleader Deposit (28 U.S.C. Section 1335) of Efrem Schwalb attaching missing exhibits filed by Shlomo Yehuda Rechnitz. (Attachments: #1 Exhibit 1 - Email agreement, #2 Exhibit 2 - Email with stip, #3 Exhibit 3 - Final stipulation, #4 Exhibit 4 - May 15 change) (Schwalb, Efrem) |
| Filing 34 AFFIDAVIT/DECLARATION in Support re #25 MOTION for Interpleader Deposit (28 U.S.C. Section 1335) of Efrem Schwalb filed by Shlomo Yehuda Rechnitz. (Schwalb, Efrem) |
| Filing 33 MEMORANDUM in Opposition re #25 MOTION for Interpleader Deposit (28 U.S.C. Section 1335) filed by Clarity Capital Partners LLC, Harborview Capital Partners, LLC, Ephraim Kutner, Jonathan Kutner. (Attachments: #1 Declaration of Matthew F. Didora in Opposition to Greystone Funding Corp.'s Request for Attorney's Fees and Costs, #2 Exhibit 1) (Didora, Matthew) |
| Filing 32 SUMMONS Returned Executed by Greystone Funding Corp.. Clarity Capital Partners LLC served on 5/1/2020, answer due 5/22/2020; Harborview Capital Partners, LLC served on 5/1/2020, answer due 5/22/2020. (Speyer, Jay) |
| Filing 31 AFFIDAVIT/DECLARATION in Support re #25 MOTION for Interpleader Deposit (28 U.S.C. Section 1335) Supplemental Declaration Concerning Greystone's Attorney's Fees and Costs filed by Greystone Funding Corp.. (Attachments: #1 Exhibit A-Attorney Information, #2 Exhibit B-Invoices) (Speyer, Jay) |
| Filing 30 DECLARATION of Marilyn Tirado by Ephraim Kutner, Jonathan Kutner (Attachments: #1 Exhibit) (Didora, Matthew) |
| Filing 29 AFFIDAVIT/DECLARATION in Support re #26 MOTION to Compel in Response to Declaration of Ephriam Kutner filed May 1, 2020 filed by Shlomo Yehuda Rechnitz. (Schwalb, Efrem) |
| Filing 28 DECLARATION of Ephram Kutner by Ephraim Kutner, Jonathan Kutner (Attachments: #1 03-16-20 Rechnitz Letter) (Didora, Matthew) |
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The court has reviewed the submissions of the plaintiff and the Kutner defendants regarding plaintiff's motion #26 to compel the Kutner defendants to notify Mezzanine Borrowers of the terms of their agreement with the Plaintiff (doc. 26-29).The court hereby grants #26 Plaintiff's Motion to Compel the Kutner defendants to serve Mezzanine Borrowers with the Notice, attached as Exhibit C to plaintiff's motion, regarding the parties' agreements, as confirmed in emails between the plaintiff and the Kutner defendants, attached as Exhibits A and B (docs. 26-1, 26-2). The Kutner defendants are ORDERED to serve the Mezzanine Borrowers with the Notice, and file a declaration of service, no later than 5:00 p.m. on May 4, 2020. If the Kutner defendants fail to comply, the plaintiff may serve the Mezzanine Borrowers with a copy of this Order and the Notice, and the Kutner defendants may be subject to sanctions.Ordered by Judge Kiyo A. Matsumoto on 5/1/2020. (Matsumoto, Kiyo)
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ORDER deferring ruling on #25 Greystone Funding's Motion for Interpleader Deposit (28 U.S.C. Section 1335). Greystone failed to comply with the court's motion practices by first seeking a pre-motion conference. Moreover, despite Second Circuit caselaw, Greystone failed to provide contemporaneous time records and biographies in support of its motion for attorneys fees, which appear to be quite high for attorneys litigating in this district. Greystone shall provide supporting contemporaneous time records that disclose the services rendered and the billing rates and brief biographies for all attorneys for whom it seeks to recover fees no later than May 8, 2020. Given Greystone's unique position in this litigation, the court will overlook the failure to seek a pre-motion conference and orders that the plaintiff and Kutner defendants respond to the Greystone motion no later than May 15, 2020. The court encourages the parties to resolve the Greystone motion before the further expenditure of fees by the parties. Ordered by Judge Kiyo A. Matsumoto on 5/1/2020. (Matsumoto, Kiyo)
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| Filing 27 Letter to Hon. Vera M. Scanlon by Ephraim Kutner, Jonathan Kutner (Didora, Matthew) |
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ORDER re #26 MOTION to Compel. The Kutner defendants are ORDERED TO SHOW CAUSE via ECF, no later than 12:00 pm on May 1, 2020, why the court should not order the Kutner defendants to advise mezzanine borrowers by letter, attached as Exhibit C to the plaintiffs 4/29/20 letter (doc. 26), of the parties stipulation to make payments to the plaintiff, as set forth in Exhibit A to the plaintiffs 4/29/20 letter. No extensions of this ORDER TO SHOW CAUSE will be granted. Ordered by Judge Kiyo A. Matsumoto on 4/30/2020. (Williams-Jackson, Sandra)
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| Filing 26 MOTION to Compel by Shlomo Yehuda Rechnitz. (Attachments: #1 Exhibit Agreement, #2 Exhibit Response emails, #3 Exhibit Letter to advise borrowers) (Schwalb, Efrem) |
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SCHEDULING ORDER: In light of #20 the Kutner Defendants' letter dated April 22, 2020, the request for a thirty-day extension of all deadlines is hereby GRANTED. Accordingly: (1) by May 22, 2020, Defendants shall file their opposition papers; and (2) on May 26, 2020 at 11:00 a.m., the parties shall appear for a Show Cause Hearing before the Court. Unless the parties notify the Court no later than two weeks prior to the hearing that they intend to present live witnesses and that an in-court hearing will be necessary to resolution of the instant motions, the hearing will proceed telephonically. The parties shall dial into a conference call with the court by dialing 888-684-8852 and entering the following access code: 1312089. Ordered by Judge Kiyo A. Matsumoto on 4/23/2020. (Ammari, Kamil) Modified on 4/23/2020 (Williams-Jackson, Sandra).
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| Filing 25 MOTION for Interpleader Deposit (28 U.S.C. Section 1335) by Greystone Funding Corp.. (Attachments: #1 Declaration of Y. David Scharf Concerning Greystone's Attorneys' Fees and Costs, #2 Memorandum in Support in Support of Its Interpleader Motion, #3 Proposed Order Authorizing Interpleader Deposit) (Scharf, Yehuda) |
| Filing 24 Proposed Summons. Re #22 Answer to Complaint,, Third Party Complaint,, Crossclaim,, Counterclaim, by Greystone Funding Corp. (Scharf, Yehuda) |
| Filing 23 Proposed Summons. Re #22 Answer to Complaint,, Third Party Complaint,, Crossclaim,, Counterclaim, by Greystone Funding Corp. (Scharf, Yehuda) |
| Filing 22 ANSWER to Complaint , THIRD PARTY COMPLAINT against Clarity Capital Partners LLC, Harborview Capital Partners, LLC, CROSSCLAIM against Jonathan Kutner, Ephraim Kutner, COUNTERCLAIM against Shlomo Yehuda Rechnitz by Greystone Funding Corp.. (Scharf, Yehuda) |
| Filing 21 Corporate Disclosure Statement by Greystone Funding Corp. identifying Corporate Parent Greystone Select Holdings LLC for Greystone Funding Corp.. (Speyer, Jay) |
| Filing 20 Letter to Justice Matsumoto by Ephraim Kutner, Jonathan Kutner (Didora, Matthew) |
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ORDER. The court is in receipt of the Kutner defendants' request (doc. 19), filed at 8:52 pm on April 21, 2020, seeking a thirty-day extension of their response (due on April 21, 2020) to, and a hearing (scheduled for April 24, 2020 at 11:00 a.m.) regarding, the plaintiff's motion to confirm the arbitration award and attachment. The Kutner defendants are advised that this court will grant the adjournment on the condition that they will not object or raise any defense that the extension of the dates for their opposing submission and the hearing warrants denial of the plaintiff's motions, or vacatur of the Attachment.The Kutner defendants are ORDERED to advise the court by 1:30 p.m. today, April 22, 2020, that the foregoing condition is acceptable and agreed to. The Kutner defendants are advised that if they fail to advise the court by 1:30 p.m. today, they shall immediately file their opposition submission no later than 2:30 p.m. today (or they will be deemed to have waived their right to oppose) and shall be prepared to proceed with the currently scheduled hearing on April 24, 2020. On the other hand, if the Kutner defendants advise the court by 1:30 p.m. today that the foregoing condition is acceptable, the court will grant the Kutner defendants' request for a thirty-day adjournment to file their opposition, which will be due on or before May 22, 2020, and will adjourn the hearing. The parties shall promptly inform the court whether they intend to present testimony at said hearing. Ordered by Judge Kiyo A. Matsumoto on 4/22/2020. (Ammari, Kamil)
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| Filing 19 Letter MOTION for Extension of Time to File All Deadlines by Ephraim Kutner, Jonathan Kutner. (Didora, Matthew) |
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ORDER TO SHOW CAUSE: Show Cause Hearing set for 4/24/2020 at 11:00 a.m. before Judge Kiyo A. Matsumoto. The parties shall dial into a conference call with the court by dialing 888-684-8852 and entering the following access code: 1312089.Ordered by Judge Kiyo A. Matsumoto on 4/20/2020. (Williams-Jackson, Sandra)
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ORDER granting #18 Letter Motion for Extension of Time. Respondents are hereby granted until April 21, 2020 to respond to petitioner's petition seeking to confirm an arbitration award. Ordered by Judge Kiyo A. Matsumoto on 4/15/2020. (Ammari, Kamil)
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| Filing 18 Letter to Justice Matsumoto by Ephraim Kutner, Jonathan Kutner (Didora, Matthew) |
| Filing 17 Surety Bond per Attachment Order BOND in the amount of $ 10,000 posted by Shlomo Yehuda Rechnitz (Schwalb, Efrem) |
| Filing 16 MOTION for Permanent Injunction to Confirm Order of Attachment in Aid of Arbitration by Shlomo Yehuda Rechnitz. (Attachments: #1 Declaration Rechnitz Declaration, #2 Exhibit Exhibit A -- Petition, #3 Exhibit Exhibit B - Bechoffer Letter, #4 Exhibit Exhibit C - March 9 Response, #5 Exhibit Exhibit D - Mezzanine Award, #6 Memorandum in Support Memo of Law in Support of Motion to Confirm Attachment) (Schwalb, Efrem) |
| Filing 15 MOTION for Extension of Time to File Motion to Confirm Attachment by Shlomo Yehuda Rechnitz. (Schwalb, Efrem) |
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ORDER denying #15 Motion for Extension of Time to File. Petitioner represents that it "is doing its best and is intending to file its motion to confirm by April 6, 2020," and its motion for an extension of time to do so is respectfully denied. Ordered by Judge Kiyo A. Matsumoto on 4/6/2020. (Ammari, Kamil)
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| Filing 14 Second MOTION for Extension of Time to File Documents by Ephraim Kutner, Jonathan Kutner. (Didora, Matthew) |
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ORDER granting in part and denying in part #14 request for extension of time.The court DENIES Plaintiff's request for an extension of time to file a motion to confirm the order of attachment entered by the court. As Plaintiff's counsel acknowledged at the ex parte hearing held on March 31, 2020, Plaintiff remains responsible for ensuring that his requests for relief comply with all relevant authority. New York Civil Practice Law and Rules 6211(b) provides specific timetables under which a party receiving an ex parte order of attachment must move for an order confirming said order of attachment. See CPLR 6211(b) ("[A]n order of attachment granted without notice shall provide that within a period not to exceed five days after levy, the plaintiff shall move, on such notice as the court shall direct to the defendant, the garnishee, if any, and the sheriff, for an order confirming the order of attachment."); Voice Commc'ns, Inc. v. Bello, 813 N.Y.S.2d 295, 297 (Sup. Ct. 2006). Accordingly, by April 6, 2020, Plaintiff shall either (1) move for confirmation of the ex parte order of attachment, or (2) explain the legal basis as to how Plaintiff's April 1, 2020 service of the order to show cause, supporting documentation, complaint, and memorandum of law on Defendants satisfied the requirements of CPLR 6211(b) or, alternatively, the legal basis as to why Plaintiff is entitled to additional time.The court, however, GRANTS Defendants' request for an extension of time. By April 21, 2020, Defendants shall show cause why the relief sought by petitioner should not be granted and submit any opposition to Plaintiff's motion to confirm the previously entered order of attachment. To allow the court time to review Defendants' motion papers, the court hereby adjourns the Show Cause Hearing currently scheduled for April 7, 2020 at 11:00 a.m. until Friday, April 24, 2020 at 11:00 a.m. Ordered by Judge Kiyo A. Matsumoto on 4/3/2020. (Ammari, Kamil)
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| Filing 13 CERTIFICATE OF SERVICE by Shlomo Yehuda Rechnitz of Order to Show Cause and Supporting Documents on Defendants/Respondents (Schwalb, Efrem) |
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Filing 12
ORDER granting #11 Motion to Amend/Correct/Supplement. See attached Amended Order to Show Cause for Attachment in Aid of Arbitration for further details. Ordered by Judge Kiyo A. Matsumoto on 4/1/2020. (Ammari, Kamil)
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| MINUTE ENTRY & ORDER for Telephonic Hearing held before Judge Kiyo A. Matsumoto on March 31, 2020. Appearances: Efrem Tobias Schwalb, Esq., for Petitioner; Yehuda David Scharf, Esq., and Jay R. Speyer, Esq., for Respondents. The court heard argument on 2 Petitioner's Ex Parte Motion for Order to Show Cause. For the reasons stated on the record and in #10 the court's Order dated March 31, 2020, the court granted Petitioner's motion. Petitioner shall move by April 7, 2020 at 11:00 a.m. for an order confirming the order of attachment. Respondents shall show cause in writing by April 3, 2020 why the relief sought by Petitioner should not be granted. (Court Reporter: Holly Driscoll.) (Ammari, Kamil) |
| Filing 11 First MOTION to Amend/Correct/Supplement #10 Order on Motion for Order to Show Cause, by Shlomo Yehuda Rechnitz. (Attachments: #1 Proposed Order Exhibit 1, #2 Exhibit Mishcon Order) (Schwalb, Efrem) |
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Filing 10
ORDER granting 2 Motion for Order to Show Cause. Show Cause Hearing set for 4/7/2020 at 11:00 AM before Judge Kiyo A. Matsumoto. The parties shall dial into a conference call with the court by dialing 888-684-8852 and entering the following access code: 1312089. Show Cause Response due by 4/3/2020. See attached order for further details. Ordered by Judge Kiyo A. Matsumoto on 3/31/2020. (Ammari, Kamil)
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| Filing 9 NOTICE of Appearance by Joaquin Javier Ezcurra on behalf of Greystone Funding Corp. (aty to be noticed) (Ezcurra, Joaquin) |
| Filing 8 NOTICE of Appearance by Jay R. Speyer on behalf of Greystone Funding Corp. (aty to be noticed) (Speyer, Jay) |
| Filing 7 NOTICE of Appearance by Yehuda David Scharf on behalf of Greystone Funding Corp. (aty to be noticed) (Scharf, Yehuda) |
| CIVIL CASE FILING FEE: $ 400, receipt number ANYEDC-12613527 (Schwalb, Efrem) |
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ORDER. The Court hereby schedules a telephonic hearing on 2 Plaintiff's ex parte Motion for an Order of Attachment on Tuesday, March 31, 2020 at 3:30 p.m. The parties shall dial-in to a conference call with the court at 1 (888) 684-8852 and enter the following code: 1312089. Ordered by Judge Kiyo A. Matsumoto on 3/31/2020. (Ammari, Kamil)
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| Filing 6 Summons Issued as to Greystone Funding Corp., Ephraim Kutner, Jonathan Kutner. (Attachments: #1 Summons, #2 Summons) (Davis, Kimberly) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
| Filing 1 PETITION re: Arbitration Award , filed by Shlomo Yehuda Rechnitz. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) |
| The case of Rechnitz v. Kutner, has been opened in the Eastern District of New York. The case number is 20-cv-1607. PLEASE NOTE: You must pay the case filing fee within seven (7) days. Select the event (Civil Case Filing Fee) and pay online. (Davis, Kimberly) |
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